Halal Import Regulations – top 10 countries, unarguably as strictest in the world

The manufacturer should be mindful of the term on their packaging such as ‘ the product does not contain pork and alcohol’, because in some country such as Malaysia and Brunei it has engaged the requirement of Halal certification for your product.

So far there is no entry points or cross border requirements for product export to any country except for Word Trade Organisation (WTO) requirements that require tariff code identification and a form of food safety declaration according to numerous country-specific rules, regulation of food act and traceability or origin profiling within the local legislation. However, Indonesia is planning to enact a filtering process at the entry points for every product entering the country; and by making sure all consumable products to be Halal certified. Malaysia, in similar legal-sound, has imposed a similar law according to the local Trade Description Act on importation rules. Pakistan also echoes on the move made by Malaysia.

While GCC countries and Brunei is implementing this based on random surveillance or lodged reports by consumers. GCC has formed a Gulf Accreditation Centre (GAC) under the helm of Gulf Standardisation Organisation (GSO), a bilateral government set up to spearhead Halal Standards and enforcement.

These are some of the leading Halal regulatory perceived as the strictest in the world.

4.7 The official authorities may take all necessary procedures to verify the compliance of products with the special requirements of Halal products. and may take the appropriate procedures in accordance with the other local legislation.

Labelling

7.1 All Halal food stored, displayed or transported shall be separated categorized and labelled as Halal to prevent them from being mixed with non-Halal products.

8.4 If there is a willing to affix ‘Halal’ slogan on the label, the requirements under the standard in item (2.2) shall be adhered to.

Full enforcement of Indonesia regulation tentatively plans in November 2019 for entry points according to many trade sources. The current regulatory has already enforced since 2014 but not at importation control points.

According to the Indonesian Law No. 33/2014, Halal certification is mandatory in Indonesia for all food, beverage, drugs, cosmetics, chemicals (used for human consumption), organic and genetically modified products sold in Indonesia as well as for the machinery and equipment involved in processing these products.

It follows that in 2017 the Halal Product Assurance Agency (BPJPH – in Bahasa Indonesia) is established under the Ministry of Religious Affairs. The obligatory of Halal certification will start from 2019, where BPJPH will be the lead in these services.

….. 1. Foreign Halal products imported into Indonesia apply the provisions stipulated in this Law as mandated by Article 47, item 1.

….. 2. Halal products, as referred to in paragraph (1), do not need to apply for a Halal Certificate if the Halal Certificate issued by a foreign halal institution that has undertaken mutual recognition cooperation as referred to in Article 46 paragraph (2).

….. 3. Halal Certificate as referred to in paragraph (2) must be registered by BPJPH before Products are circulated in Indonesia.

The use of the “Halal” description or any other such descriptions is voluntary under the current legislations. However, Trade Descriptions (Definition Of Halal) Order 2011 provides that when food or goods are described as halal or are described in any other expression to indicate that the food or goods can be consumed or used by a Muslim, such expression means that the food or goods. – Link at HDC, An Agency under Ministry of Economic Affairs

4 (2) The services in relation to the food or goods shall not be described as Halal or be described in other manner to indicate that the services can be used by a Muslim unless it is certified as Halal by the competent authority

5. (1) All imported food and goods marketed in Malaysia shall not described as Halal unless the imported food and goods comply with the requirements in paragraph 4 or certified as Halal by the foreign Halal certification body recognised by JAKIM as specified in the Second Schedule.

Offence:

(i) For an organisation or corporation, a fine not exceeding RM200,000, and for the second or subsequent offences, a fine not exceeding RM500,000.

(ii) For an individual, a fine not exceeding RM100,000, or imprisonment for a term not exceeding three years, or both. For the second or subsequent offence, a fine not exceeding

RM250, 000, or imprisonment for a term not exceeding five years of imprisonment, or both.

18. Import of Halal articles and processes – No article or process shall be imported into Pakistan with the description of being a Halal article or process unless it has been certified as such by an accredited Halal Certification Body in Pakistan or the exporting country or is certified to be Halal by duly accredited Halal certification body.

(2) The label shall be in the form as set out in the Second Schedule and shall be in the form of a label, tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, painted, embossed, impressed or inscribed on, or attached to, included in, belonging to or accompanying, any such food.

Court to order disposal of food seized.

31. (1) If any person has been convicted of any offence against this Order, the court may order any food seized, whether forfeited or not, to be disposed of in such manner as it may direct. (2) If such food has been imported, the court may order such person to return it, at his own expense, to the country from which it was exported.

United States

California:
It is illegal to sell non-Halal products as Halal. It also mandates that Halal restaurants indicate if they also serve food which is not Halal. Passed in 2002.Illinois:
A business which offers both Halal and non-Halal items must clearly label the items accordingly. It is illegal to sell food as Halal which the seller knows is not Halal or which the seller did not adequately ensure was Halal, however, the seller is not responsible for non-Halal items being sold as Halal if the seller was deceived into believing those items were Halal by the producer, manufacturer, etc.
Additionally it is a misdemeanour to: mislead a person to believe a non-Halal food product is Halal, remove or destroy identifying documents or markers on Halal food unless that food is to be sold as non-Halal, resell food as Halal with fraudulent labels and falsely label food as Halal, sell Halal items as Halal in the same location as non-Halal items without clearly posting that the establishment sells both Halal and non-Halal items, sell an item as Halal which has not been marked as Halal by the producer, and allow for cross-contamination between Halal goods for sale and non-Halal goods.

Maryland:
An establishment selling Halal food must clearly display a “disclosure statement”. If the establishment sells Halal and non-Halal items it must clearly display a sign stating such. It is illegal to falsely represent non-Halal food for sale as Halal. An establishment which advertises itself as “Halal Only” but also offers for sale non-Halal food is considered fraudulent.

Michigan:
In Michigan, it is a misdemeanour to falsely label non-Halal food as Halal, sell non-Halal and Halal food in the same location without clearly labelling the two, and possess non-Halal items in an establishment which claims to sell only Halal items.

Minnesota:
It is illegal to package, label, and sell food as Halal which has not been “prepared and maintained in accordance to the laws and customs of the Islamic religion”. It is similarly illegal to sell food as Halal which is not marked with the original identifying Halal label.

New York:
Manufacturers, producers, and packers of Halal food must register with the state and identify their certifying organization. Establishments selling Halal food, including food carts, must display their Halal certificate in a prominent location. Companies selling Halal and non-Halal items must clearly display a sign that reads non-Halal and Halal items are sold in that location.

Texas:
It is illegal to sell food as Halal which the seller knows is not Halal or which the seller did not adequately ensure was Halal. Companies selling Halal and non-Halal items must clearly display a sign that reads non-Halal and Halal items are sold at that establishment.

Virginia:
In Virginia, it is illegal to sell food as Halal without indicating the certifier of the product.

Key Success Factor

The authority usually checks the manufacturer’s compliant status if there is an issue voiced by consumers or consumer’s association such as traces of animal at the distributor side. Thus, it is crucial to prove to the authority that the manufacturing site is compliant. It is recommended manufacturer apply the Halal certificate from an accredited certification body for the respective products exported to the said countries. The producer may scope-in only selected products and not the entire factory for certification application although the entire factory processes will be examined including rework / recycle items and cross-functional flow.